Cap Advantage Recapture Penalty, Part 4½: The Predators Might Be Safe After All

Yesterday I introduced Part 4 of my series on the Cap Advantage Recapture Penalty (CARP), detailing a way the League could help the Predators out of their Shea Weber cap advantage situation using available cap space in previous seasons. Today I will provide a more simple and perhaps more likely solution to the Predators’ possible future woes.

(Just a quick note, my first, second, and third posts on this topic can be found at the links provided. I highly suggest giving them a read if you need some background info on what the CARP is and how it works.)

The Collective Bargaining Agreement (CBA), which introduced the CARP has a rather straightforward passage that might be interpreted to help the Predators:

Section 50.5(d)(ii)(B)(2):Notwithstanding the provisions of Sections 50.5(d)(ii)(A) and (B), in the event that any such Long-Term Contract is Assigned during its term, each Club for which the Player plays under the terms of that Long-Term Contract shall be subject to being charged with any and all “Cap Advantage Recapture” amounts it receives pursuant to that Long-Term Contract, provided, however, that if a Club Traded a Long-Term Contract prior to the execution of this Agreement (including any binding Memorandum of Understanding) under which it gained a “cap advantage,” the “Cap Advantage Recapture” shall not apply to that Club for that Long-Term Contract. For purposes of clarity, the Club to whom such Long-Term Contract was Assigned after the execution of this Agreement (including any binding Memorandum of Understanding) shall be subject to the Cap Advantage Recapture (if any).

[emphasis in the original text]

To put it more simply: Contracts that could incur a CARP that were acquired by trade prior to the signing of the 2013 CBA will not accrue cap advantage against the recipient team.

Obviously, Shea Weber wasn’t traded prior to the signing of the CBA. However, he was signed by the Predators via an offer sheet submitted by the Flyers. Just as a player acquired by trade has a salary structure dictated by another team, a player re-signed by matching an offer sheet has a salary structure dictated by another team. I could see the NHL interpreting this section to say that Shea Weber’s cap advantage should not have accrued against the Predators per the spirit of this section of the CBA.

Such a ruling by the NHL would rid the Predators of any possible CARP should Weber’s contract terminate early. In addition, such text should directly apply to the Jeff Carter and Mike Richards contracts, meaning the Kings should have no CARP with relation to Richards’ contract and should have no cap advantage accrued for Carter’s contract. However, Bob McKenzie has previously reported that the Richards’ contract does indeed carry a CARP for the Kings, which gives me some doubts about my interpretation. Hopefully I can get some insight into how this hasn’t applied here.

Regarding Mike Richards-LAK settlement that's expected to be concluded today: 1. LAK will pay the cap recapture penalty for next 5 years.